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  Instructions for Form NYC-1
 
  Banking Corporation Tax Return      For fiscal years beginning in 2022 or for calendar year                               2022
 IMPORTANT INFORMATION REGARDING THE FILING OF NYC CORPORATE TAX RETURNS
 Pursuant to section 11-639 of the Administrative Code of the City of New York as amended by sections 4 and 5 of Part D of Chapter 60 of the 
 Laws of 2015, for taxable years beginning on or after January 1, 2015, the Banking Corporation Tax is only applicable to Subchapter S 
 Corporations and Qualified Subchapter S Subsidiaries.   Therefore, only these types of corporations should file this return.  All other corpora-
 tions should file a return on Form NYC-2 or, if included in a combined return, on Form NYC-2A.

  IMPORTANT INFORMATION CONCERNING FORM NYC-200V AND PAYMENT OF TAX DUE
 Payments may be made on the NYC Department of Finance website at         nyc.gov/eservices, or via check or money order. If paying with 
 check or money order, do not include these payments with your New York City return. Checks and money orders must be accompanied by 
 payment voucher form NYC-200V and sent to the address on the voucher. Form NYC-200V must be postmarked by the return due date to 
 avoid late payment penalties and interest. See form NYC-200V for more information.

  Highlights            of Recent Tax Law Changes for Banking Corporations
 l For tax years beginning on or after January 1, 2021, eligible pass through entities may opt into the New York State Pass 
   Through Entity Tax (“NYS PTET”) imposed under New York Tax Law Article 24-A. For tax years beginning on or after 
   January 1, 2022, eligible New York City pass through entities may opt into the New York City Pass Through Entity Tax 
   (“NYC PTET”) imposed under New York Tax Law Article 24-B. Taxpayers are required to add back to federal taxable 
   income any NYC PTET, NYS PTET, and similar pass through entity taxes from other jurisdictions that were previously 
   deducted when calculating federal taxable income. See section 11-641(b)(2) of the Administrative Code of the City of 
   New York. 
  
 l Section 4 of Chapter 555 of the Laws of 2022 added a new subdivision (t) to section 11-641 of the New York City 
   Administrative Code, which excludes from entire net income the amount of any grant received through either the COVID-
   19 Pandemic Small Business Recovery Grant program pursuant to section 16-ff of the New  York State Urban 
   Development Corporation Act or the New York City Small Business Resilience Grant program administered by the New 
   York City Department of Small Business Services to the extent the amount of either such grant is included in federal tax-
   able income. 
  
 l For details on the proper reporting of income and expenses addressed in the federal Tax Cuts and Jobs Act of 2017, such 
   as mandatory deemed repatriation income, foreign-derived intangible income (FDII), global intangible low-taxed income 
   (GILTI), please refer to Finance Memorandum 18-10.  For information about the IRC section 163(j) limitation on the busi-
   ness interest expense deduction, please refer to Finance Memorandum 18-11.

GENERAL INFORMATION                                   previous exceptions to the add-back requirement         laws of a foreign country that has a tax treaty 
                                                      and adds two additional exceptions.  Those four         with the United States, the related member’s 
NOTE: This form may be used by  federal               exceptions generally can apply in following situa-      income from the transaction was taxed in such 
Subchapter S Corporations and Qualified               tions (for additional conditions that must be met,      country at an effective rate of tax at least equal 
Subchapter S Subsidiaries only.  If any instruc-      see sections indicated below):                          to that imposed by this city, and the transaction 
                                                       
tions appear to apply to C Corporations, they         l If all or part of the royalty payment a related       giving rise to the royalty was undertaken for a 
should be read to apply only to S corps and qual-       member received was then paid to an unrelat-          valid business purpose and reflected an arm's 
ified S subsidiaries.                                   ed third party during the tax year, that portion      length relationship.  (Ad. Code section 11-
                                                        of the payment will be exempt if the transac-         641(q)(2)(B)(iii)); or  
                                                                                                             
Royalty Payments to Related Members                     tion giving rise to the original royalty pay-       l If the taxpayer and the Department of Finance 
 
For tax years beginning on or after January 1,          ment to the related member was undertaken             agree to alternative adjustments that more 
2013, the Banking Corporation  Tax has been             for a valid business purpose, and the related         appropriately reflect the taxpayer's income.  
amended to change the treatment of royalty pay-         member was subject to tax on the royalty pay-         (Ad. Code section 11-641(q)(2)(B)(iv)).  
ments to related members.  Under prior law, tax-        ment in this city or another city within the         
payers who made royalty payments to related enti-       United States or a foreign nation or some           The law as amended also defines the term “relat-
ties were required to add back the amount of the        combination thereof. (Ad. Code section 11-          ed member” by linking it to the definition in 
payments to taxable income if they were deducted        641(q)(2)(B)(i));                                   Internal Revenue Code Sec. 465(b)(3)(c), but 
                                                                                                            substituting 50 percent for the 10 percent owner-
when calculating federal taxable income.   To         l If the taxpayer's related member paid an            ship threshold. 
avoid double taxation, if the royalty recipient was     aggregate effective rate of tax on the royalty       
also a New York taxpayer, the statute allowed the       payment, to this city or another city within the    Treatment of Credit Card Banks 
recipient to exclude the royalty income if the relat-   United States or some combination thereof,           
ed member added back the deduction for the roy-         that is not less than 80 percent of the rate of tax For tax years beginning on or after January 1, 
alty payment expense.                                   that applied to the taxpayer under Ad. Code         2011, the Banking Corporation  Tax has been 
                                                                                                            amended to provide criteria by which banking 
                                                        section 11-643.5 for the tax year (Ad. Code 
Ad. Code section 11-641(q), as amended, elimi-                                                              corporations, engaged in the business of credit 
                                                        section 11-641(q)(2)(B)(ii));  
nates the income exclusion previously allowed to                                                            card transactions and not otherwise doing busi-
certain royalty recipients.  It also modifies the two l If the related member is organized under the 



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 Instructions for Form NYC-1 - 2022                                                                                                         Page 2

ness in New York City, will be subject to the tax    l for taxpayers subject to Ad. Code section 11-     Based on the law changes above: 
if they meet certain criteria regarding credit card    641(i), the 20% of the  excess of the New York     
customers or merchant customer contracts in the        City bad debt deduction allowed pursuant to       l The establishment and maintenance of a New 
City (“credit card banks”).  (For more informa-        Ad. Code section 11-641(i) over the amount          York reserve for losses on loans is no longer 
tion, see “Who Must File,” below.)                     which would have been allowed if a bad debt         necessary for thrift institutions (see Ad. Code 
                                                       reserve had been maintained for all tax years       section 11-641(h)(6)). 
                                                                                                          
The law has also been amended concerning the           on the basis of actual experience, formerly       l Taxpayers ceasing to meet the definition of a 
inclusion of credit card banks in combined             taken on line 14 (see Ad. Code section 11-          thrift institution no longer need to include in 
returns.  Under Ad. Code section 11-646(f)(2)(v),      641(b)(12))                                         ENI any amounts of their New York reserve 
if a bank is considered to be doing business in       
                                                                                                           for losses (see Ad. Code section 11-641(h)(9)).  
New York City solely because it is a credit card     The following subtractions from FTI are no           
bank, it will not be included in a combined return   longer allowed when computing ENI:                  Net operating loss deduction under Ad. Code sec-
with any other banking corporation or bank hold-      
                                                                                                         tion 11-641(k-1) 
ing company that is exercising its corporate fran-   l the recapture amount of the balance of the         
chise or doing business in this city, unless a com-    reserve for losses on loans pursuant to IRC       There is no longer a separate New  York City 
bined return is necessary to properly reflect the      section 585(c) that is included in FTI, former-   deduction for bad debts allowed under either Ad. 
tax liability of the credit card bank, the banking     ly taken on line 29 (see Ad. Code section 11-     Code section 11-641(h) or 11-641(i) for tax years 
corporation, or the bank holding company.  The         641(e)(13))                                       beginning on or after January 1, 2010.  Therefore, 
                                                      
                                                                                                         the excess deduction specified in Ad. Code sec-
credit card bank may be required to be included      l the amount included in FTI as a result of a 
in a combined return with a non-taxpayer bank-                                                           tion 11-641(k-1)(3) allowed to augment the fed-
                                                       recovery of a loan formerly taken on line 30 
ing corporation or bank holding company if the                                                           eral net operating loss deduction allowed under 
                                                       (see Ad. Code section 11-641(e)(14)) 
non-taxpayer banking corporation or bank hold-                                                           IRC section 172, formerly included on 31c, para-
ing company provides service or support to the       l for banks subject to the provisions of IRC sec-   graph (e), will no longer be permitted for loss 
credit card bank’s operations.  (For more infor-       tion 585(c) and not subject to Ad. Code 11-       years beginning on or after January 1, 2010.  Any 
mation, see the Instructions for Form NYC-1A,          641(h), the amount determined pursuant to Ad.     excess deduction amounts from loss years begin-
“Who May File Form NYC-1A.”)                           Code section 11-641(i), formerly taken on line    ning before January 1, 2010, are not affected. 
                                                                                                          
                                                       31(b) (see Ad. Code section 11-641(i)(1)) 
In addition, the law has been amended to provide                                                         Captive Real Estate Investment  Trusts 
that, for allocation purposes, interest, fees and    In addition, the establishment and maintenance of   (REITs) and      Regulated         Investment
certain penalties from bank, credit, travel and      a New  York reserve for losses on loans is no       Companies (RICs)   
entertainment card receivables are considered to     longer necessary for banks subject to the provi-     
be earned within the City if the mailing address of  sions of Ad. Code section 11-641(i)(1) (see Ad.     Captive REITs and RICs 
                                                                                                          
the card holder is in the City.                      Code section 11-641(i)(2)).                         For tax years beginning on or after January 1, 
                                                      
Treatment of Bad Debt Deductions                     Thrift institutions (as defined in Ad. Code section 2009, the law has been amended to provide that a 
                                                     11-641(h)(1))                                       captive REIT or RIC must generally be included 
For tax years beginning on or after January 1,                                                           in a combined return under the General 
2010, the law has been amended to conform the        The following addition to FTI is no longer required Corporation Tax (GCT) or Banking Corporation 
treatment of bad debt deductions under Banking       when computing entire net income ENI:               Tax (BCT).  Under Ad. Code sections 11-601.12 
Corporation Tax (BCT) to the treatment for feder-                                                        and 11-602.13, a REIT or RIC is a captive REIT 
al income tax purposes.  Previously, in computing    l any amount allowed as a deduction for federal     or RIC if more than 50% of its voting stock is 
entire net income (ENI), the BCT generally             income tax purposes pursuant to IRC sections      owned or controlled, directly or indirectly, by a 
required that taxpayers add to federal taxable         166, 585, or 593, formerly taken on line 12       single corporation.  Any voting stock held in a 
income (FTI) the amount allowed as a bad deduc-        (see Ad. Code section 11-641(h)(2))               segregated asset account of a life insurance corpo-
                                                      
tion formerly, lines 12, 13, and 14 on the NYC-1,                                                        ration as described in Internal Revenue Code sec-
                                                     The following subtraction from FTI is no longer 
Schedule B (unless otherwise noted, line refer-                                                          tion 817 is not taken into account for the purpose 
                                                     required when computing ENI: 
ences below are to Schedule B of NYC-1) and to                                                           of determining the percentage of stock ownership.  
subtract from FTI certain amounts relating to bad    l the amount of a reasonable addition to a New      As explained more below, if a corporation subject 
debts as provided under the BCT (formerly, lines       York reserve for bad debts, formerly taken on     to the BCT directly owns over 50% of the voting 
29, 30, 31a, and 31b).  As amended, taxpayer will      line 31a (see Ad. Code section 11-641(h)(3))      stock of a captive REIT or RIC or is the “closest 
no longer make those additions and subtractions to                                                       controlling shareholder” of a captive REIT or 
FTI relating to bad debts, and those lines have been In addition, the following subtraction from FTI is  RIC, then the captive REIT or RIC must be 
eliminated.   The amendments will also affect        no longer allowed when computing ENI for            included in a combined return under the BCT with 
amounts on certain other lines.  The amendments      banks that currently are, or previously had been,   that corporation.  For these purposes, the “closest 
apply to thrift institutions (as defined in Ad. Code subject to the bad debt provisions of Ad. Code      controlling stockholder” means the corporation: 
section 11-641(h)(1)) and to other banks.            section 11-641(h):                                  (a) that indirectly owns or controls over 50% of 
                                                      
Banks other than thrift institutions                 l any amount included in FTI pursuant to IRC        the voting stock of a captive REIT or RIC, (b) is 
                                                       section 593(e)(2), and any amount included as     subject to tax under the GCT or BCT or otherwise 
The following additions to FTI are no longer           a result of a recovery of or termination from     required to be included in a combined return or 
required when computing ENI:                           the use of a bad debt reserve as defined in IRC   report under the GCT or BCT and (c) is the fewest 
                                                       section 593 as in existence on December 31,       tiers of corporations away in the ownership struc-
l the bad debt amount allowed as a deduction           1995, as a result of federal legislation enacted  ture from the captive REIT or RIC. 
                                                                                                          
  pursuant to Internal Revenue Code (IRC) sec-         after December 31, 1995, formerly included 
                                                                                                         If a captive REIT or RIC is required to be includ-
  tion 166, formerly taken on line 13 (see Ad.         on line 32 (see  Ad. Code section 11-
                                                                                                         ed in a combined return under the BCT, it will be 
  Code section 11-641(b)(11))                          641(h)(15))  



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 Instructions for Form NYC-1 - 2022                                                                                                       Page 3

subject to tax under the BCT and will not be sub-       RIC must be included in that combined             In computing entire net income, the deduction under 
ject to tax under the GCT, and, as a result, must file  return with those corporations.                   the IRC for dividends paid by the captive REIT or 
an NYC-1 return.  Ad. Code section 11-640(d).                                                             RIC to any member of the affiliated group that 
                                                       (f) A captive REIT or RIC must not be included     includes the corporation that directly or indirectly 
Requirement to be Included in a Combined                in a combined return or report under the BCT      owns over 50% of the voting stock of the captive 
Return under the BCT                                    or GCT if a banking corporation or bank hold-     REIT or RIC must be included in the federal taxable 
A captive REIT or RIC must be included in a             ing company that directly or indirectly owns      income of the captive REIT or RIC.  This addback 
combined return under the BCT under the fol-            or controls over 50% of the voting stock of the   will be phased in over three years.  For tax years 
lowing conditions:                                      captive REIT or RIC and is the closest con-       beginning on or after January 1, 2009, and before 
                                                        trolling stockholder of the captive REIT or       January 1, 2011, 75% of the amount deducted on the 
(a) A captive REIT or a RIC must be included in         RIC is a member of an affiliated group (1) that   REIT or RIC’s federal return must be added back.  
 a combined return with the banking corpora-            does not include any corporation that is          For tax years beginning on or after January 1, 2011, 
 tion or bank holding company that directly             engaged in a business that a subsidiary of a      100% of the amount deducted on the REIT or 
 owns or controls over 50% of the voting stock          bank holding company would not be permit-         REITs federal return must be added back.  The term 
 of the captive REIT or RIC if that banking cor-        ted to be engaged in, unless the business is de   “affiliated group” is defined in IRC section 1504 
 poration or bank holding company is subject to         minimus, and (2) whose members own assets         without regard to the exceptions of 1504(b). 
 tax or required to be included in a combined           the combined average of which does not             
 return under the BCT.                                  exceed $8 billion. In that instance, the captive  WHO MUST FILE 
                                                        REIT or RIC is subject to the provisions of       The Banking Corporation Tax Law imposes a tax 
(b) If over 50% of the voting stock of a captive        Ad. Code section 11-603.7 or 11-603.8.  The       on every banking corporation for the privilege of 
 REIT or RIC is not directly owned or con-              term affiliated group is defined in IRC section   doing business in New York City in a corporate or 
 trolled by a banking corporation or bank               1504 without regard to the exceptions of          organized capacity for all or any part of its taxable 
 holding company that is subject to tax or              1504(b).                                          year.  It also imposes the tax on bank holding com-
 required to be included in a combined return           
                                                                                                          panies, captive real estate investment trusts 
 under the BCT, then the captive REIT or RIC           Computation of Tax for Captive 
                                                                                                          (REITs), and captive regulated investment compa-
 must be included in a combined return or              REITs and RICs 
 report under the BCT with the corporation                                                                nies (RICs) when included in a combined return.  
 that is the “closest controlling” stockholder         In the case of a combined return under the BCT,    For tax years beginning on or after January 1, 
 of the captive REIT or RIC if it is subject to        the tax is measured by the combined entire net     2015, the Banking Corporation Tax Law is only 
 the BCT.                                              income, combined alternative entire net income,    applicable to federal S corporations and qualified 
                                                       or combined taxable assets of all the corporations Subchapter S subsidiaries. 
(c) If the corporation that directly owns or con-      included in the return, including any captive       
 trols the voting stock of the captive REIT or         REIT or RIC.                                       Banking corporations that have made an election 
 captive RIC is a corporation organized under                                                             under Subchapter S of the Internal Revenue Code 
 the laws of a foreign country and not permit-         In the case where a captive REIT is required       are subject to tax as if no S election were made.  
 ted to make a combined return as provided in          under Ad. Code section 11-646(f) to be included    Ad. Code §11-641(a)(4) and (5). 
 Ad. Code section 11-646(f)(4)(ii), then the           in a combined return, “entire net income” means     
 captive REIT or captive RIC must determine            real estate investment trust taxable income as     Included as banking corporations are the following: 
 the closest controlling shareholder under Ad.         defined in IRC section 857(b)(2) (as modified by    
 Code section 11-646(f)(2) to be included in a         section 858), plus the capital gains amount tax-   A. New York State banking corporations - 
 combined return with that corporation.  If the        able under IRC 857(b)(3), subject to the modifi-      Every corporation organized under the laws 
 corporation that is the closest controlling           cations to entire net income required by Ad. Code     of New York State which is authorized to do 
 stockholder of the captive REIT or captive            section 11-641.                                       or is doing a banking business is a banking 
                                                                                                             corporation.  Such corporations include, but 
 RIC is a corporation not permitted to make a          In the case where a RIC is required under Ad.         are not limited to, commercial banks, trust 
 combined return, then that corporation is             Code section 11-646(f) to be included in a com-       companies, limited purpose trust companies, 
 deemed to not be in the ownership structure           bined return, “entire net income” means invest-       subsidiary trust companies, savings banks, 
 of the captive REIT or captive RIC, and the           ment company taxable income as defined in             savings and loan associations, agreement 
 closest controlling stockholder will be deter-        IRC section 852(b)(2) (as modified by section         corporations, and the New  York Business 
 mined under Ad. Code section 11-646(f)(2)             855), plus the capital gains amount taxable           Development Corporation.  Also included as 
 without regard to that corporation.                   under IRC section 852(b)(3), subject to the           a banking corporation is the New York State 
                                                       modifications to entire net income required by        Mortgage Facilities Corporation.  
(d) If a captive REIT owns the stock of a quali-       Ad. Code section 11-641.                            
 fied REIT subsidiary (as defined in IRC sec-                                                             B. Banking corporations organized under the 
 tion 856(i)(2) ), then the qualified REIT sub-        Under Ad. Code section 11-641(e)(16), a deduc-        laws of another state - Every corporation 
 sidiary must be included in any combined              tion is allowed in determining entire net income,     organized under the laws of another state or 
 return required to be made by the captive             to the extent not deductible in determining feder-    country which is doing a banking business is 
 
 REIT that owns its stock.                             al taxable income, for 100% of dividend income        a banking corporation.  Such corporations 
(e) If a captive REIT or a RIC is required by any      from subsidiary capital received during the tax-      include, but are not limited to, commercial 
 of the conditions set out herein to be includ-        able year.  The dividend income must be directly      banks, trust companies, savings banks, sav-
 ed in a combined return with another corpo-           attributable to a dividend from a captive REIT or     ings and loan associations and agreement 
 ration, and that other corporation is required        RIC for which the captive REIT or RIC claimed         corporations. 
 to be included in a combined return with              a federal dividends paid deduction and that cap-    
 another corporation under other provisions            tive REIT or RIC is included in a combined         C. Banking corporations organized under the 
 of Ad. Code 11-646(f), the captive REIT or            return or report under the BCT.                       laws of the United States -  Every National 
                                                        



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 Instructions for Form NYC-1 - 2022                                                                                                        Page 4

   Banking Association, Federal Savings Bank,        ed if the conditions in Ad. Code section 11-     occupy the time or labor of people for profit.  In 
   Federal Savings and Loan Association and          640(m) are met (see “Termination of GCT          determining whether or not a corporation is doing 
   every other corporation or association organ-     Tax Status under  Transitional Provisions,”      business in New York City, consideration is given 
   ized under the authority of the United States     above).                                          to such factors as:  the nature, continuity, frequen-
   (including an Edge Act corporation) which is                                                       cy and regularity of the activities of the corporation 
   doing a banking business is a banking corpo-   E. Credit Card Banks - Effective for tax years      in New York City; the location of the corporation’s 
   ration.  Also classified as a banking corpora-    beginning on or after January 1, 2011, the law   offices and other places of business; the employ-
   tion is every production credit association       has been amended to provide criteria under       ment in New  York City of agents, officers and 
   organized under the Federal Farm Credit Act       which a banking corporation, not otherwise       employees of the corporation; and other relevant 
   of 1933 which is doing a banking business         doing business in New  York City, will be        factors.  Activities which constitute doing business 
   and all of whose stock held by the Federal        considered to be doing business in this city in  in New York City include operating a branch, loan 
   Production Credit Corporation has been            a corporate or organized capacity and, there-    production office, representative office or a bona 
   retired.                                          fore, be subject to the Banking Corporation      fide office in New York City.  Activities which do 
                                                     Tax.  Under Ad. Code section 11-639(c), a        not constitute doing business in New York City 
D. Corporations owned by a bank or a bank            banking corporation is doing business in New     include occasionally acquiring a security interest in 
   holding company - Every corporation               York City for a taxable year if it satisfies any real or personal property located in New York City, 
   which is principally engaged in a business        one of the following criteria:                   occasionally acquiring title to property located in 
   which:                                          
                                                     (a) It has issued credit cards to 1,000 or       New York City through foreclosure of a security 
   1) might lawfully be conducted by a cor-           more customers who have a mailing               interest, or the mere holding of meetings of the 
      poration subject to Article 3 of the New        address within New York City as of the          board of directors in New York City. 
      York State Banking Law or by a                  last day of its taxable year.                    
      national banking association, or                                                                DEFINITION OF BANKING BUSINESS 
                                                     (b) It has merchant customer contracts with      The phrase “banking business” means the busi-
   2) is so closely related to banking or man-        merchants  to whom the banking corpo-           ness a corporation may be created to do under 
      aging or controlling banks as to be a           ration remitted payments for credit card        Article 3 (Banks and Trust Companies), Article 3-
      proper incident thereto as defined in           transactions during the taxable year and        B (Subsidiary  Trust Companies),  Article 5 
      section 4(c)(8) of the Federal Bank             the total number of locations covered by        (Foreign Banking Corporations and National 
      Holding Company  Act of 1956, as                those contracts equals 1,000 or more            Banks),  Article 5-A (New  York Business 
      amended, or                                     locations in New York City.                     Development Corporation),  Article 6 (Savings 
                                                                                                      Banks) or  Article 10 (Savings and Loan 
   3) holds and manages investment assets,           (c) It has receipts of $1,000,000 or more in     Associations) of the New  York State Banking 
      including but not limited to bonds,             the taxable year from its customers who         Law, or the business a corporation is authorized to 
      notes, debentures, and other obliga-            have been issued credit cards by the            do by such articles.  With respect to a national 
      tions for the payment of money, stocks,         banking corporation and have a mailing          banking association, federal savings bank, federal 
      partnership interests or other equity           address within New York City.                   savings and loan association or production credit 
      interests, and other investment securi-         
      ties,                                          (d) It has receipts of $1,000,000 or more in     association, the phrase “banking business” means 
                                                      the taxable year arising from merchant          the business a national banking association, feder-
   is a banking corporation, provided such cor-       customer contracts with merchants relat-        al savings bank, federal savings and loan associa-
   poration’s voting stock is 65% or more             ing to locations in New York City.              tion or production credit association may be creat-
                                                                                                      ed to do or is authorized to do under the laws of 
   owned or controlled directly or indirectly by     (e) For the taxable year, the sum of the         the United States or the laws of New York State. 
   a banking corporation described above or a         number of customers described in cri-            
   bank holding company.                              terion (a) plus the number of locations         The phrase “banking business” also means such 
                                                                                                      business as any corporation organized under the 
   Under  Ad. Code section 11-640(d)(2), a            covered by its contracts described in 
   65% or more owned corporation which was            criterion (b) equals 1,000 or more, or          authority of the United States or organized under 
   subject to tax under Part II of  Title R of        the total amount of its receipts                the laws of any other state or country has authority 
   Chapter 46 of the Administrative Code (the         described in criterion (c) and criterion        to do which is substantially similar to the business 
   NYC General Corporation Tax) for its tax-          (d) equals $1,000,000 or more.                  which a corporation may be created to do under 
                                                                                                      Article 3, 3-B, 5, 5-A, 6 or 10 of the New York State 
   able year ending in 1984 and which had         For purposes of the above:                          Banking Law, or any business which a corporation 
   made a timely election to continue to be tax-   
   able under the General Corporation  Tax        l  The term credit card includes bank, credit,      is authorized to do by such article. 
   (now codified as Subchapter 2 of Chapter 6        travel, and entertainment cards.                  
   of Title 11 of the Administrative Code) for                                                        DEFINITION OF A BANK HOLDING 
   its taxable year ending in 1985, continues to  l  Receipts from processing credit card trans-      COMPANY 
   be taxable under the General Corporation          actions for merchants include merchant dis-      The phrase “bank holding company” means: 
                                                                                                       
   Tax Law until the election  is revoked by the     count fees received by the credit card bank.     l a corporation subject to  Article 3-a of the 
                                                                                                        New York State Banking Law; 
   taxpayer. In no event can the election be      l  Taxable year means the taxpayer's taxable         
   revoked for part of the tax year. The revoca-                                                      l a corporation registered under the Federal 
                                                     year for federal income tax purposes. 
   tion is made by the filing of a Banking                                                              Bank Holding Company  Act of 1956, as 
   Corporation  Tax Return pursuant to            DEFINITION OF DOING BUSINESS                          amended; or 
   Subchapter 3 of Chapter 6 of Title 11 of the   WITHIN NEW YORK CITY                                 
   Administrative Code.  An election under Ad.    The phrase “doing business” is used in a compre-    l a corporation registered as a savings and loan 
   Code section 11-640(d)(2) will be terminat-    hensive sense and includes all activities which       holding company (excluding a diversified 



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 Instructions for Form NYC-1 - 2022                                                                                                      Page 5
   savings and loan holding company) under the     Form NYC-200V only to:                              agency making the  Tax Base Changes also 
   Federal National Housing Act, as amended.                                                           checked.   Taxpayers must file an amended 
                                                   NYC Department of Finance                           return for  Tax Base Changes within 90 days 
DEFINITION OF AN ALIEN                             P.O. Box 3933                                       (120 days for taxpayers filing a combined 
CORPORATION                                        New York, NY  10008-3933                            report) after (i) a final determination on the part 
                                                                                                       of the IRS or DTF, (ii) the signing of a waiver 
The phrase “alien corporation” means a corpora-    Returns claiming refunds:                           under IRC §6312(d) or NY Tax Law §1081(f), 
tion organized under the laws of a country other 
than the United States.                            NYC Department of Finance                           or (iii) the IRS’ allowance of a tentative adjust-
                                                   P.O. BOX 5563                                       ment based on a an NOL carryback or a net cap-
DEFINITION OF AN INTERNATIONAL                     Binghamton, NY 13902-5563                           ital loss carryback.   
                                                                                                        
BANKING FACILITY (IBF)                             AUTOMATIC EXTENSIONS                                If the taxpayer believes that any  Tax Base 
The phrase “international banking facility”        An automatic extension of six months for filing     Change is erroneous or should not apply to its 
means an international banking facility located    this return will be allowed if, by the original due City tax calculation, it should not incorporate 
in New York State.  The phrase has the same        date, the taxpayer files with the Department of     that Tax Base Change into its City tax calcula-
                                                                                                       tion on its amended return.  However, the tax-
meaning as is set forth in the New York State      Finance an application for automatic extension      payer must attach: (i) a statement to its report 
Banking Law or regulations promulgated there-      on Form NYC-EXT and pays the amount proper-         that explains why it believes the adjustment is 
under or as is set forth in the laws of the United ly estimated as its tax.  See the instructions for  erroneous or inapplicable; (ii) the explanatory 
States or regulations of the Board of Governors    Form NYC-EXT for information regarding what         tax worksheet that identifies each  Tax Base 
of the Federal Reserve System.                     constitutes a properly estimated tax for this pur-  Change and shows how each would affect its 
 
See Schedule F instructions for information on     pose.  Failure to pay a properly estimated amount   City tax calculation; and (iii) a copy of the IRS 
the IBF modification method and the IBF alloca-    will result in a denial of the extension.           and/or DTF final determination, waiver, or 
tion method.                                                                                           notice of carryback allowance.  
                                                   A taxpayer with a valid six-month automatic          
ALLOCATION                                         extension filed on Form NYC-EXT may request         For more information on federal or state  Tax 
A corporation which is doing business both         up to two additional three-month extensions by      Base Changes, including a more expansive 
within and without New York City is entitled to    filing Form NYC-EXT.1 .  A separate Form NYC-       explanation of how taxpayers must report these 
                                                                                                       changes as well as samples of tax worksheets to 
allocate its entire net income, alternative entire EXT.1 must be filed for each additional three-      be included within the amended return, see 
net income, taxable assets, and issued capital     month extension.                                    Finance Memorandum 17-5, revised and dated 
stock within and without New York City.  A cor-                                                        10/10/2018. 
poration which is not doing business outside       Mail both NYC-EXT and NYC-EXT.1 to the               
New  York City must allocate its entire net        address indicated on the form.  These forms may     To report changes in taxable income or other 
income, alternative entire net income, taxable     be electronically filed.                            tax base made by the Internal Revenue Service 
assets and issued capital stock 100% to New                                                            and /or New York State Department of Taxation 
                                                   FEDERAL OR NEW YORK STATE                           and Finance for taxable years beginning prior to 
York City.  However, a corporation that has an     CHANGES                                             January 1, 2015, the Form NYC-3360B should 
international banking facility (IBF) located in    For taxable years beginning on or after January     still be used. 
New York State may elect to reflect the results    1, 2015, changes in taxable income or other tax      
of its IBF operations in its entire net income     base made by the Internal Revenue Service           Special short-period returns:  If this is NOT a 
allocation percentage and in its alternative       (“IRS”) and /or New York State Department of        final return and your federal return covered a 
entire net income allocation percentage.           Taxation and Finance (“DTF”) will no longer be      period of less than 12 months as a result of your 
                                                   reported on form NYC-3360B.  Instead, taxpay-       joining or leaving a federal consolidated group 
COMBINED RETURN                                    ers must report these federal or state changes to   or as a result of a federal IRC §338 election, this 
In all cases where a combined return is permit-    taxable income or other tax base by filing an       return generally will be due on the due date for 
ted or required, a completed Form NYC-1 must       amended return.   This amended return must 
be filed by each corporation included in the       include the DOF tax worksheet that identifies       the federal return and not on the date noted 
                                                   each change to the tax base (“Tax Base              above. Check the box on the front of the 
combined return.                                   Change”) and shows how each such Tax Base           return. 
                                                   Change affects the taxpayer’s calculation of its     
COPY OF FEDERAL RETURN                             New York City tax.  Templates for the tax work-     SIGNATURE 
Attach a copy of federal Form 1120S, including     sheets are available on the DOF website at          This report must be signed by an officer author-
all attachments, and any other returns or informa- nyc.gov/finance.  This amended return must also     ized to certify that the statements contained here-
tion requested in this return.                     include a copy of the IRS and/or DTF final          in are true. 
                                                   determination, waiver, or notice of carryback        
WHERE AND WHEN TO FILE                             allowance.   Taxpayers that have federal and        PREPARER AUTHORIZATION:  If you want 
The due date for filing is on or before March 15,  state Tax Base Changes for the same tax period      to allow the Department of Finance to discuss your 
2022, or, for fiscal year taxpayers, on or before  may report these changes on the same amended        return with the paid preparer who signed it, you 
the 15th day of the 3rd month following the close  return that includes separate explanatory tax       must check the "Yes" box in the signature area of 
of the fiscal year.                                worksheets for the IRS Tax Base Changes and         the return. This authorization applies only to the 
                                                   the DTF Tax Base Changes.  Note that for tax-       individual whose signature appears in the 
All returns, except refund returns:                able years beginning on or after January 1, 2015,   "Preparer's Use Only" section of your return.  It 
                                                   DTF  Tax Base Changes may include changes           does not apply to the firm, if any, shown in that sec-
NYC Department of Finance                          that affect income or capital allocation.           tion.  By checking the "Yes" box, you are authoriz-
P.O. BOX 5564                                       
Binghamton, NY 13902-5564                          The Amended Return checkbox on the return is        ing the Department of Finance to call the preparer 
                                                   to be used for reporting an IRS or DTF  Tax         to answer any questions that may arise during the 
Remittances - Pay online with Form NYC-200V        Base Changes, with the appropriate box for the      processing of your return.  Also, you are authoriz-
at nyc.gov/eservices, or Mail payment and                                                              ing the preparer to: 



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 Instructions for Form NYC-1 - 2022                                                                                                             Page 6

l give the Department any information missing         LINE 4                                                  mined with regard to extension), add to the 
  from your return,                                   Enter the fixed minimum tax of $125.                    tax (less any payments made on or before 
                                                                                                              the due date) 5%, up to a total of 25%. 
l call the Department for information about the       LINE 5 - TAX                                          
  processing of your return or the status of your     Enter the largest of the taxes computed on lines 1   b) If this form is filed more than 60 days late, 
  refund or payment(s), and                           through 4.                                              the above late filing penalty will not be less 
 
l respond to certain  notices that you have                                                                   than the lesser of (1) $100 or (2) 100% of the 
  shared with the preparer about math errors,         LINE 6 - UBT PAID CREDIT                                amount required to be shown on the form 
  offsets, and return preparation.  The notices       Enter the credit against the Banking                    (less any payments made by the due date or 
  will not be sent to the preparer.                   Corporation  Tax for Unincorporated Business            credits claimed on the return). 
                                                      Tax paid by partnerships from which you               
You are not authorizing the preparer to receive       receive a distributive share or guaranteed pay-      c) A late payment penalty is assessed if you 
any refund check, bind you to anything (including     ment that you include in calculating Banking            fail to pay the tax shown on this form by the 
any additional tax liability), or otherwise represent Corporation Tax liability on either the entire net      prescribed filing date, unless the failure is 
you before the Department.   The authorization        income or alternative entire net income base.           due to reasonable cause.  For every month 
cannot be revoked, however, the authorization will    Attach Form NYC-9.7B.                                   or partial month that your payment is late, 
automatically expire no later than the due date                                                               add to the tax (less any payments made) 
(without regard to any extensions) for filing next    LINE 8a - REAP CREDIT                                   1/2%, up to a total of 25%. 
year's return.  Failure to check the box will be      Corporations claiming the Relocation and              
deemed a denial of authority.                         Employment  Assistance Program (REAP) credit         d) The total of the additional charges in aand 
                                                      must enter the amount shown on line 11 of Form          c may not exceed 5% for any one month 
                                                      NYC-9.5.                                                except as provided for in  b.
SPECIFIC INSTRUCTIONS                                                                                       
                                                      LINE 8b - LMREAP CREDIT                              If you claim not to be liable for these additional 
Check the appropriate box on page 1 of this form      Corporations claiming the Lower Manhattan            charges, attach a statement to your return explain-
if, on your federal return: (i) you reported bonus    Relocation and Employment  Assistance Program        ing the delay in filing, payment or both. 
depreciation and/or a first year expense deduction    (LMREAP) credit must enter the amount shown           
under IRC §179 for "qualified Resurgence Zone         on line 11 of Form NYC-9.8.                          LINE 19 - TOTAL REMITTANCE 
property," regardless of whether you are required                                                          If the amount on line 13 is greater than zero or the 
to file form NYC-399Z, or (ii) you replaced prop-     LINE 10a - AUTOMATIC EXTENSION                       amount on line 17 is less than zero, enter the sum 
erty involuntarily converted as a result of the       Use this line if you have filed an application for   of the amount on line 13 and the amount by 
attacks on the World Trade Center during the five     automatic extension on Form NYC-EXT. Enter           which line 16 exceeds the amount on line 14.  
(5) year extended replacement period.  You must       amount from line 2 of Form NYC-EXT.                  After completing this return, enter the amount of 
attach federal forms 4562, 4684 and 4797 to this       
return.   See instructions for Schedule B, lines 8    LINE 10b                                             your remittance on line A.  Remittances must be 
and 15 for more information.                          If the tax on line 9 exceeds $1,000 and Form         made payable to the order of              NYC 
                                                                                                           DEPARTMENT OF FINANCE. 
                                                      NYC-EXT was not filed, a mandatory first              
Check the appropriate box on page 1 of this form      installment of estimated tax is required for the     LINE 20 - ISSUER’S ALLOCATION 
if you are a captive real estate investment trust     period following that covered by this return.        PERCENTAGE 
(REIT) or a captive regulated investment compa-       Enter 25% of the amount on line 9.                   Every corporation subject to tax under Part 4 of 
nies (RIC).                                                                                                Subchapter 3, Chapter 6,  Title 11 of the 
                                                      LINE 12 - PREPAYMENTS                                Administrative Code, including each corporation 
Special Condition Codes                               Enter the sum of all estimated tax payments made     included in a combined return, must compute its 
Check the Finance website for applicable spe-         for this tax period, the payment made with the       issuer’s allocation percentage on a separate basis.  
cial condition codes. If applicable, enter the two    extension request, if any, and both the carryover    The issuer’s allocation percentage cannot be 
character code in the box provided on the form.       credit and the first installment reported on the     less than zero. 
                                                      prior tax period’s return. This figure should be      
SCHEDULE A                                            obtained from the Composition of Prepayments         A banking corporation, as defined in section 11-
Computation of Tax                                    Schedule on page 6 of Form NYC-1.                    640(a)(1) through (8) of  Title 11 of the 
                                                                                                           Administrative Code, organized under the laws of 
LINE 1 - ALLOCATED TAXABLE ENTIRE                     LINE 15a - LATE PAYMENT - INTEREST                   the United States, New York State, or any other 
NET INCOME                                            If the tax due is not paid on or before the due date state, must enter as its issuer’s allocation  per-
Enter allocated taxable entire net income com-        (determined without regard to any extension of       centage the alternative entire net income alloca-
puted in Schedule B, line 31, and multiply by the     time), interest must be paid on the amount of the    tion percentage computed on Form NYC-1, 
tax rate of 9% (.09).                                 underpayment from the due date to the date paid.     Schedule G, part 2, line 5, rounded to the nearest 
                                                      For information regarding interest rates, visit the  one hundredth of a percentage point. 
LINE 2 - ALLOCATED TAXABLE                            Finance website at nyc.gov/finance or call 311.    
ALTERNATIVE ENTIRE NET INCOME                         If calling from outside of the five NYC boroughs,    A banking corporation, as defined in section 11-
Enter allocated taxable alternative entire net        please call 212-NEW-YORK (212-639-9675).             640(a)(2)  of Title 11 of the Administrative Code, 
income computed in Schedule C, line 6, and mul-                                                            organized under the laws of a country other than 
tiply by the tax rate of 3% (.03).                    LINE 15b - LATE PAYMENT OR LATE                      the United States, must enter as its issuer’s alloca-
                                                      FILING/ADDITIONAL CHARGES                            tion percentage the percentage determined by 
LINE 3 - ALLOCATED TAXABLE ASSETS                     a) A late filing penalty is assessed if you fail     dividing gross income within New York City by 
Enter allocated taxable assets computed on               to file this form when due, unless the failure    worldwide gross income rounded to the nearest 
Schedule D, line 4, and multiply by the appropri-        is due to reasonable cause.  For every month      one hundredth of a percentage point. 
ate tax rate from the chart following Schedule D.        or partial month that this form is late (deter-    



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 Instructions for Form NYC-1 - 2022                                                                                                          Page 7

A banking corporation, as defined in section 11-   duct of a trade or business in the U.S. pursuant        ilar taxes from other jurisdictions (other than New 
640(a)(9) of Title 11 of the Administrative Code,  to section 864 of the IRC, but which are exclud-        York City) deducted when calculating federal tax-
or a bank holding company which is included in     ed from federal taxable income, and any other           able income. (Attach a schedule listing each locality 
a combined return under the Banking                income not included on line 1 which would be            and the amount of all those taxes deducted on your 
Corporation Tax Law must enter as its issuer’s     treated as effectively connected with the con-          federal return). 
allocation percentage the percentage determined    duct of a trade or business in the U.S. pursuant         
by dividing business and subsidiary capital allo-  to section 864 of the IRC were it not excluded          LINE 7a - NYC CORPORATION TAX 
cated to New York City by total worldwide capi-    from gross income pursuant to section 103(a) of         Enter all taxes imposed under the City Corporation 
tal rounded to the nearest one hundredth of a per- the IRC.                                                Tax Law (Subchapters 2, 3 and 3-A, Chapter 6 of 
centage point.                                                                                             Title 11 of the Administrative Code) deducted in 
                                                   LINE 2b - OTHER INCOME                                  computing federal taxable income. 
SCHEDULE B                                         For tax years beginning on or after January 1st,         
Computation and Allocation of Entire               2015, this line is no longer applicable because         LINE 7b – NEW YORK CITY 
Net Income                                         alien corporations cannot be Subchapter S corpo-        PASS THROUGH ENTITY TAX  
                                                   rations and are subject to the Business                 For tax years beginning on or after January 1, 
LINE 1 - FEDERAL TAXABLE INCOME                    Corporation Tax.                                        2022, eligible New York City pass through entities 
Enter federal taxable income before net operating                                                          may opt into the NYC PTET imposed under New 
loss and special deductions.                       Alien corporations enter any other income not           York  Tax Law  Article 24-B. Pursuant to 
                                                   included on line 1 or line 2a which is effectively      Administrative Code section 11-641(b)(2), taxpay-
Federal S corporation taxpayers subject to the     connected with the conduct of a trade or business       ers subject to the Banking Corporation  Tax are 
Bank  Tax must complete form NYC-ATT-S-            in the U.S. pursuant to section 864 of the IRC, but     required to add back NYC PTET deducted in cal-
CORP, calculation of Federal Taxable Income for    which is exempt from federal income tax under           culating federal taxable income. Enter on line 7b 
S corporations and include it with their Form      any treaty obligation of the U.S.                       the amount of NYC PTET deducted when calcu-
NYC-1.                                                                                                     lating federal taxable income. 
                                                   LINES 3a AND 3b - NONTAXABLE                             
NOTE:  The charitable contribution deduction       DIVIDENDS/INTEREST                                      LINE 8 - FEDERAL DEPRECIATION 
from federal Form 1120S, Schedule K, line 12a      Corporations organized under the laws of the            ADJUSTMENT 
may not exceed 10% of the sum of lines 1 through   U.S. or any of its states enter on line 3a dividends    Enter total amount of federal depreciation adjust-
12d (other than line 12a) of Schedule K.           (including IRC section 78 gross-up dividends)           ment from Forms NYC-399 and NYC-399Z, 
 
Corporations filing federal returns on a consoli-  and on line 3b interest on any kind of stock, secu-     Schedule C, column A, line 8. 
dated basis enter the federal taxable income       rities or indebtedness which was excluded from           
(before net operating loss and special deductions) federal taxable income.  Include all interest on        LINE 9 - SAFE HARBOR LEASES 
that would have been reported if a separate feder- state and municipal bonds and obligations of the        Enter any amount claimed as a deduction in com-
al return had been filed.                          U.S. and its instrumentalities.                         puting federal taxable income solely as a result of 
                                                                                                           an election made pursuant to the provision of IRC 
Attach a copy of the consolidated federal return   LINE 5 - INCOME TAXES                                   section 168(f)(8) (relating to Safe Harbor Leases) 
with spreadsheets or work papers supporting the    Enter any taxes on or measured by income or             as it was in effect for agreements entered into prior 
federal consolidated return.                       profit paid or accrued to the United States, any of     to January 1, 1984. 
                                                   its possessions or any foreign country, which            
Banking corporations electing under Subchapter     were deducted in computing federal taxable              LINE 10   
S of the Internal Revenue Code must compute a      income on line 1. Do not include pass through           Enter any amount which the taxpayer would have 
federal taxable income for this purpose as if no S entity taxes, including the NYS PTET and NYC            been required to include in the computation of its 
or QSSS election were made.  See Ad. Code §11-     PTET, on this line.                                     federal taxable income had it not made the elec-
                                                    
641(a)(4) or (5).                                                                                          tion permitted pursuant to the provisions of IRC 
                                                   LINE 6a - NYS FRANCHISE TAX                             section 168(f)(8) (relating to Safe Harbor Leases) 
If you are a captive REIT, enter REIT taxable      Enter all New York State franchise taxes imposed        as it was in effect for agreements entered into prior 
income as defined in IRC section 857(b)(2), as     under  Articles 9, 9-A, 13-A and 32 which were          to January 1, 1984. 
modified by IRC section 858, plus the amount       deducted in computing federal taxable income.    
under IRC section 857(b)(3).  If you are a captive Include the New  York State Metropolitan                LINE 11 
RIC, enter investment company taxable income       Transportation Business Tax surcharge and the MTA       Enter any amount claimed as a deduction in com-
as defined in IRC section 852(b)(2), as modified   Payroll Tax  (New York State Tax Law, Art. 23).         puting federal taxable income previously allowed 
by IRC section 855, plus the amount taxable                                                                as a deduction under  Title 11, Chapter 6, 
under IRC section 852(b)(3).                       LINE 6b NYS PASS THROUGH ENTITY                         Subchapter 3, Parts 1 and 2 of the Administrative 
                                                   TAX AND SIMILAR TAXES FROM                              Code. 
LINE 2a - DIVIDENDS/INTEREST                       OTHER JURISDICTIONS                                      
For tax years beginning on or after January 1st,   For tax years beginning on or after January 1, 2021,    LINE 12 
2015, this line is no longer applicable because    eligible pass through entities may opt into the NYS     A taxpayer that makes an adjustment to federal 
alien corporations cannot be Subchapter S corpo-   PTET  Tax imposed under New  York  Tax Law              taxable income on line 26 must add any income 
rations and are subject to the Business            Article 24-A. Pursuant to Administrative Code sec-      the IBF received from foreign branches of the 
Corporation Tax.                                   tion 11-641(b)(2), Banking Corporation Tax taxpay-      taxpayer which is included on line 5 of Schedule 
                                                   ers are required to add back NYS PTET deducted          F that is not included in federal taxable income. 
                                                                                                            
Alien corporations enter dividends and interest    from federal taxable income.  Taxpayers are also        For tax years beginning on or after August 1, 
on any kind of stock, securities or indebtedness   required to add back to federal taxable income simi-    2002, corporations that are partners in partner-
which are effectively connected with the con-      lar pass through entity taxes from other jurisdictions. ships that receive at least eighty percent of their 
                                                   Enter on line 6b the amount of NYS PTET and sim-



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 Instructions for Form NYC-1 - 2022                                                                                                                  Page 8

gross receipts from providing mobile telecommu-       LINE 20                                                   from each subsidiary to the extent included in 
nications services must exclude their distributive    Enter the portion of wages and salaries paid or           federal taxable income on line 1.  Subsidiary 
share of income and gains from any such partner-      incurred for the taxable year for which a deduc-          gains must be offset by subsidiary losses.  If sub-
ship, including their share of separately reported    tion is not allowed pursuant to the provisions of         sidiary gains exceed subsidiary losses, the net 
items, from their federal taxable income reported     section 280C of the Internal Revenue Code .   gain is multiplied by 60%.  If subsidiary losses 
on line 1.                                            Attach Federal Form 5884 or any other applica-            exceed subsidiary gains, enter “0” on line 24. 
                                                      ble federal form.                                          
Add back payments for the use of intangibles                                                                    LINE 25 - INTEREST INCOME 
made to related members as required by Ad. Code       LINE 21 - FDIC, FSLIC, OR RTC AMOUNT                      Attach a rider showing a breakdown of interest 
section 11-641(q).  See "Royalty Payments to          Enter any amount of money or other property               income on obligations of New York State, its polit-
Related Members," above.                              (whether or not evidenced by a note or other              ical subdivisions and obligations of the U.S. The 
 
With respect to property placed in service in tax-    instrument) received from the following: the              term “obligation” refers to obligations incurred in 
able years beginning before January 1, 1981, tax-     Federal Deposit Insurance Corporation (FDIC) or           the exercise of the borrowing power of New York 
payers using a different adjusted basis, or a dif-    the Resolution Trust Corporation (RTC) under 12           State or any of its political subdivisions or of the 
ferent method of depreciation, for City tax pur-      USC section 1823(c); or the Federal Savings and           United States.   The term “obligation” does not 
poses than for federal tax purposes must make         Loan Insurance Corporation (FSLIC) under for-             include obligations held for resale in connection 
appropriate additions to federal taxable income.      mer section 406(f)(1), (2), (3), or (4) of the            with regular trading activities or obligations which 
Attach a schedule showing the adjustments.  See       Federal National Housing  Act, as amended,                guarantee the debt of a third party. The following 
subdivisions (c) and (j)(2) of Ad. Code section       before its repeal.                                        do not qualify under this provision: guaranteed stu-
11-641 for details.                                                                                             dent loans, industrial development bonds issued 
                                                      LINE 22 - INTEREST INCOME FROM                            pursuant to Article 18-A of the New York State 
For tax years beginning on or after January 1,        SUBSIDIARY CAPITAL                                        General Municipal Law, FNMA mortgage-backed 
2008, any amounts deducted pursuant to section        Attach a rider showing interest income from sub-          securities and GNMA mortgage-backed securities. 
199 of the Internal Revenue Code (Income              sidiary capital.                                           
Attributable to Domestic Production Activities) in                                                              LINE 26 - IBF ADJUSTMENT 
computing federal income must be added back           “Subsidiary” means a corporation with respect to          Enter amount from line 34 of Schedule F if you 
when computing NYC entire net income.  See            which more than 50% of the number of shares of            elected to compute entire net income using the 
“Highlights of Recent Tax Law Changes” above.         stock entitling the holders thereof to vote for the elec- IBF modification method. 
                                                      tion of directors or trustees is owned by the taxpayer.    
LINE 14 - OTHER EXPENSES                                                                                        LINE 27 - NEW YORK CITY 
Enter expenses not deducted on your federal           “Subsidiary capital” means the total of the invest-       NOL DEDUCTION 
return which are applicable to income shown on        ment of the taxpayer in shares of stock of its sub-       Note that pursuant to the federal Tax Cuts and 
lines 2 and 3.                                        sidiaries, and the amount of indebtedness owed to         Jobs Act of 2017, net operating losses generated 
                                                      the taxpayer by its subsidiaries, whether or not evi-     during or after 2018 generally may no longer be 
LINE 15 - NYC DEPRECIATION                            denced by written instrument, on which interest is        carried back. These losses may be carried for-
Enter amount of New York City allowable depre-        not claimed and deducted by the subsidiary for            ward indefinitely; however each year’s deduc-
ciation adjustment from forms NYC-399 and             purposes of any tax imposed by Subchapter 2 or 3,         tion will be limited to 80% of federal taxable 
NYC-399Z, Schedule C, column B, line 8.               Chapter 6 of Title 11 of the Administrative Code.         income (without regard to the deduction).   
                                                                                                                 
                                                      Subsidiary capital does not include accounts 
LINE 16 - INSTALLMENT SALES                                                                                     A net operating loss (NOL) deduction is allowed 
                                                      receivable acquired in the ordinary course of trade 
Enter any income or gain from installment sales                                                                 under the Banking Corporation Tax for NOLs sus-
                                                      or business either for services rendered or for sales 
included in federal taxable income which was 
                                                      of property held primarily for sale to customers.   tained in tax years beginning on or after January 1, 
previously includable in computing tax under                                                                    2009 (Ad. Code section 11-641(k-1)). 
                                                      Each item of subsidiary capital must be reduced 
Chapter 6, Subchapter 3, parts 1 and 2.                                                                          
                                                      by any liabilities of the taxpayer (parent) payable 
                                                                                                                Enter any New York City NOL carried forward 
                                                      by their terms on demand or within one year from 
LINE 17 - DIVIDEND GROSS-UP                                                                                     from tax years beginning on or after January 1, 
                                                      the date incurred, other than loans or advances 
Enter the amount of IRC section 78 dividend                                                                     2009.  Attach a separate sheet with full details of 
                                                      outstanding for more than a year as of any date 
gross-up included at lines 1, 2a, 2b, 3a and 3b.                                                                both federal and New York City NOLs claimed. 
                                                      during the year covered by the report which are 
LINE 18 - SAFE HARBOR LEASES                          attributable to that item of subsidiary capital.           
                                                                                                                The following rules apply: 
Enter any amount included in federal taxable          LINE 23 - DIVIDEND INCOME FROM                             
income solely as a result of an election made pur-    SUBSIDIARY CAPITAL                                        (a) No deduction is allowed for a NOL incurred 
suant to the provisions of IRC section 168(f)(8)      Attach a rider showing the names of each sub-              during any tax year beginning before January 
(relating to Safe Harbor Leases) as it was in effect  sidiary and the amount of dividend income                  1, 2009. 
for agreements entered into prior to January 1, 1984. received from each subsidiary to the extent                
                                                      included in federal taxable income on line 1              (b) No deduction is allowed for a NOL incurred 
LINE 19                                               and/or line 2b.  Deduct from subsidiary dividend           during any tax year in which the corporation 
Enter any amount which the taxpayer could have        income any section 78 dividends deducted on line           was not subject to tax under the Banking 
excluded from federal taxable income had it not       17 which are attributable to dividends from sub-           Corporation Tax. 
made the election pursuant to IRC section             sidiary capital.                                           
168(f)(8) (relating to Safe Harbor Leases) as it                                                                (c) IRC section 172 federal losses must be 
was in effect for agreements entered into prior to    LINE 24 - NET GAINS FROM SUBSIDIARY                        adjusted to reflect the inclusions and exclu-
January 1, 1984.                                      CAPITAL                                                    sions from ENI required by the provisions of 
                                                      Attach a rider showing the names of each sub-              Ad. Code section 11-641 (other than the NOL 
 
                                                      sidiary and the amount of gains or losses received         deduction provision). 



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 Instructions for Form NYC-1 - 2022                                                                                                             Page 9

(d) For tax years beginning on or before to          With respect to property placed in service in tax-     Computation and Allocation of Taxable Assets 
 December 31, 2017, the New York City NOL            able years beginning before January 1, 1981, tax-      A taxpayer is not subject to the tax on taxable 
 deduction was computed as if the corporation        payers using a different adjusted basis, or a dif-     assets for that portion of the tax year in which it 
 elected under IRC section 172 to relinquish         ferent method of depreciation, for City tax pur-       had outstanding net worth certificates issued to 
 the carryback provisions.                           poses than for federal tax purposes must make          the following: the FDIC under 12 USC section 
                                                     appropriate subtractions from federal taxable          1823(i); the RTC under 12 USC section 
(e) The New York City NOL deduction may not          income. Attach a schedule showing the adjust-          1823(c)(1), (2), or (3); or the FSLIC under former 
 exceed the allowable deduction for the tax year     ments.  See subdivisions (c) and (j)(2) of Ad.         section 406(f)(5) of the Federal National Housing 
 under IRC section 172.  For tax years begin-        Code section 11-641 for details.                       Act, as amended, before its repeal. 
 ning before January 1, 2010, that amount is                                                                 
 augmented by the excess of the amount                The amount of any grant received through either       LINE 1 - AVERAGE VALUE OF 
 allowed as a New York City bad debt deduc-          the COVID-19 Pandemic Small Business                   TOTAL ASSETS 
 tion over the federal bad debt deduction in         Recovery Grant Program, pursuant to section-ff         Compute the average value of total assets, which 
 each loss year (except to the extent such excess    of the New  York State Urban Development               includes money or other property received from the 
 was previously deducted in computing ENI).   Corporation  Act, or the Small Business                       FSLIC or FDIC and interbank placements. The aver-
 However, for loss years beginning on or after       Resilience Grant Program administered by the           age value of total assets is computed on a quarterly 
 January 1, 2010, there is no separate New York      Department of Small Business Services, to the          basis, or, at the option of the taxpayer, on a more fre-
 City bad debt deduction, and, as a result, there    extent the amount of either grant is included in       quent basis, such as monthly, weekly or daily. 
 no longer is an excess amount with which to         federal taxable income, should be included on           
 augment the deduction under IRC section 172.   this line.  Attach a schedule.                              Total assets means the average value of those 
 Amounts from such excess from loss years                                                                   assets which are properly reflected on a balance 
 beginning before January 1, 2010, are not           SCHEDULE C                                             sheet, the income or expenses of which are prop-
 affected. For more information, see                 Computation and Allocation of Alternative              erly reflected (or would have been properly 
 “Treatment of Bad Debt Deductions,” above.          Entire Net Income                                      reflected if not fully depreciated or expensed or 
                                                                                                            depreciated or expensed to a nominal amount) in 
(f) For tax years beginning on or before December    LINE 1 - ENTIRE NET INCOME                             the computation of the taxpayer’s alternative 
 31, 2017, the NOL may be carried forward for        Entire net income must be the same as that report-     entire net income for the taxable year or in the 
 20 years. Losses incurred during taxable years      ed on line 30 of Schedule B.  Whatever election        computation of the eligible net income of the tax-
 beginning after December 31, 2017, can be car-      the taxpayer makes concerning the IBF modifica-        payer’s IBF for the taxable year. 
 ried forward indefinitely for federal purposes.     tion to entire net income applies to the computa-       
                                                     tion of alternative entire net income.                 Real and tangible personal property, such as 
(g) Losses incurred during taxable years beginning                                                          buildings, land, machinery and equipment, is to 
 after December 31, 2017, may not be carried back.   LINE 2 - INTEREST INCOME FROM SUB-                     be valued at cost. Intangible property, such as 
                                                                                                            loans, investments, coin and currency, is to be 
                                                     SIDIARY CAPITAL 
(h) The deduction for losses incurred during taxable                                                        valued at book value. 
                                                     Enter the amount subtracted on line 22 of Schedule B. 
 years beginning after December 31, 2017, is lim-                                                            
                                                      
 ited to 80% of federal taxable income calculated                                                           LINE 2 - FDIC, FSLIC, OR  RTC AMOUNT  
                                                     LINE 3 - DIVIDEND INCOME FROM 
 as if the corporation had not made the election                                                            Include any amount of money or other property 
                                                     SUBSIDIARY CAPITAL 
 pursuant to subchapter S of the IRC (without                                                               (whether or not evidenced by a note or other 
                                                     Enter the amount subtracted (or, in the case of a 
 regard to the deduction).                                                                                  instrument) received from or attributable to 
                                                     loss, added) on lines 23 and 24 of Schedule B. 
These rules also apply to any corporation includ-                                                           amounts received from the FDIC or the RTC 
ed in a consolidated group for federal purposes,     LINE 4 - INTEREST INCOME                               under 12 USC section 1823(c); or the FSLIC 
but filing on a separate basis for New York City     Enter the amount subtracted on line 25 of Schedule B.  under former section 406(f)(1), (2), (3), or (4) of 
purposes.   Those corporations should compute                                                               the Federal National Housing Act, as amended, 
their NOLs and NOL deductions as if filing on a      SCHEDULE D                                             before its repeal. 
separate basis for federal income tax purposes.      Changes for 2011.                                       
                                                     For tax years beginning on or after January 1, 2011,   LINE 5 - NET WORTH RATIO 
LINE 28 - OTHER SUBTRACTIONS                         the law concerning the computation and allocation      The term net worth ratio means the percentage 
A taxpayer which makes an adjustment to federal      of taxable assets has been changed.  All corpora-      of net worth to assets on the last day of the tax 
taxable income on line 26 must subtract any expens-  tions subject to the Banking Corporation  Tax,         year.  The term net worth means the sum of pre-
es of the IBF included on line 18 of Schedule F      including corporations organized under the laws of     ferred stock, common stock, surplus, capital 
which were paid to foreign branches of the taxpay-   a country other than the United States, must use       reserves, undivided profits, mutual capital cer-
er and not included in federal taxable income.       taxable assets as the alternative basis of tax and     tificates, reserve for contingencies, reserve for 
                                                     must complete Schedule D.                              loan losses, and reserve for security losses, 
For tax years beginning on or after August 1,                                                               minus assets classified loss.  The term assets 
2002, corporations that are partners in partner-     Another change is that, in addition to completing      means the sum of mortgage loans, nonmortgage 
ships that receive at least eighty percent of their  lines 1 through 4 of Schedule D to determine allo-     loans, repossessed assets, real estate held for 
gross receipts from providing mobile telecommu-      cated taxable assets, taxpayers also complete lines    development, investment, or resale, cash, 
nications services must exclude their distributive   5 and 6.  Line 5 concerns a corporation’s net worth    deposits, investment securities, fixed assets and 
share of losses and deductions from any such         ratio and line 6 concerns the percentage of mort-      other assets (such as financial futures, goodwill, 
partnership, including their share of separately     gages included in total assets.  Those results are     and other intangible assets) minus assets classi-
reported items, from their federal taxable income    entered on the chart in Schedule D to determine        fied loss.  In no event shall assets be reduced by 
reported on line 1.                                  the tax rate to use.  The results are then transferred reserves for losses. 
                                                     to line 3 of Schedule A.                                



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 Instructions for Form NYC-1 - 2022                                                                                                            Page 10

LINE 6 - THE PERCENTAGE OF MORT-                     to recognize the income and expenses included in        The instructions that follow contain general allo-
GAGES INCLUDED IN TOTAL ASSETS                       the computation of the IBF eligible net income of       cation information. Corporations that answered 
Determine the percentage of mortgages included       its New York IBF when such income and expens-           “yes” to both questions at the beginning of 
in total assets by dividing the average of the four  es are not otherwise included in such federal tax-      Schedule G must follow the instructions under 
quarterly balances of mortgages ending within        able income or in the other modifications con-          “Weighted Factor Allocation for Certain Banking 
the tax year by the average of the four quarterly    tained in Schedule B.                                   Corporations,” below.  Corporations with an IBF 
balances of all assets ending within the tax year.                                                           located in New York State must also follow the 
Such quarterly balances shall be computed in the     SCHEDULE G                                              instructions noted under “Allocation Percentage 
same manner as the Report of Condition required      Allocation Percentages                                  for Taxpayers with an IBF located in New York 
for FDIC or FSLIC purposes, whether or not such                                                              State,” below. 
report is required.  The term mortgages means        A corporation which is doing business both with-         
loans secured by real property within or outside     in and without New York City is entitled to allo-       PAYROLL FACTOR 
New York State, participations in and securities     cate its entire net income, alternative entire net      The percentage of a corporation’s payroll allocat-
collateralized by pools of residential mortgages     income, taxable assets, and issued capital stock        ed to New York City is determined by dividing 
(whether or not issued or guaranteed by a United     within and without New York City.  A corporation        80% (100% when computing the alternative 
States government agency), and loans secured by      which is not doing business without New York            entire net income allocation percentage) of the 
stock in a cooperative housing corporation.          City must allocate its entire net income, alterna-      wages, salaries and other personal service com-
                                                     tive entire net income, taxable assets, and issued      pensation of the corporation’s employees, except 
SCHEDULE E                                           capital stock 100% to New York City.  However,          general executive officers, within New York City 
                                                     a corporation that has an IBF located in New            during the period the corporation is entitled to 
Federal Return Information                           York State may elect, on an annual basis, to            allocate by the total amount of wages, salaries 
If the corporation files as a member of a federal    reflect the results of its IBF operations in its entire and other personal service compensation of the 
consolidated group, enter the information as it      net income allocation percentage and in its alter-      corporation’s employees, except general execu-
appears on its proforma federal return.  If the      native entire net income allocation percentage.         tive officers, both within and without New York 
corporation files a separate return, enter the                                                               City during the period the corporation is entitled 
information appearing on the federal 1120S           A corporation which is not doing business with-         to allocate. 
                                                     out New York City and which has made the IBF             
filed with the IRS.                                  allocation method election must allocate taxable        The term “employees” includes every individual, 
                                                     assets 100% to New York City.                           except general executive officers, where the rela-
SCHEDULE F                                                                                                   tionship existing between the corporation and the 
Computation of International Banking Facility        In determining whether a corporation is doing           individual is that of employer and employee.  The 
Adjusted Eligible Net Income or Loss                 business without New York City, consideration is        phrase “employees within New  York City” 
                                                     given to the same factors used to determine if          includes all employees regularly connected with or 
INTERNATIONAL BANKING FACILITY (IBF)                 business is being carried on within New  York           working out of an office of the corporation within 
A corporation with an IBF located in  New York       City.  (Refer to “Definition of Doing Business          New York City, irrespective of where the services 
State may do one of the following:                   Within New York City” in these instructions.)  A        of such employees were performed. 
                                                     corporation which claims to be doing business            
l deduct from entire net income on Schedule B,       without New  York City must attach a rider              The phrase “general executive officer” includes 
  line 26, the adjusted eligible net income of the   describing the activities of the corporation within     every officer of the corporation charged with and 
  IBF computed on Schedule F, line 34 (i.e., to       and without New York City.                             performing general executive duties of the corpo-
  make the IBF modification).  The decision to                                                               ration who is elected by the shareholders, elected 
  use the IBF modification for a tax year is made    Each allocation percentage (except the issued 
                                                                                                             or appointed by the board of directors, or whose 
  with the filing of the return for the tax year.   capital stock allocation percentage) is determined       appointment, if initially made by another officer, 
  Check the IBF modification boxes on Schedule       by a formula consisting of a payroll factor, a 
                                                                                                             is ratified by the board of directors.  A general 
  F and Schedule G, Part I.  You may change          receipts factor and a deposits factor.                  executive officer must have company-wide 
  your decision to use the IBF modification by                                                               authority with respect to his assigned functions or 
                                                     The receipts factor shall include only receipts 
  filing an amended return for the tax year.  A cor-                                                         duties or must be responsible for an entire divi-
                                                     which are included in the computation of alterna-
  poration that uses the IBF modification must                                                               sion of the company. 
                                                     tive entire net income for the taxable year.  The 
  complete Schedule F, lines 1 through 34; or                                                                 
                                                     deposits and payroll factors shall include only 
l elect not to deduct from entire net income on      deposits and payroll, the expenses of which are         RECEIPTS FACTOR 
  Schedule B, line 26, the adjusted eligible net     included in the computation of alternative entire       The percentage of the taxpayer’s receipts allocat-
  income of the IBF (i.e., to use the IBF formula    net income for the taxable year.  Each factor is        ed to New York City is determined by dividing 
  allocation method).  The election to use the IBF   computed on a cash or accrual basis according to        100% of the taxpayer’s receipts from loans 
  formula allocation method for a tax year is        the method of accounting used by the taxpayer           (including the taxpayer’s portion of a participa-
  made with the filing of the return for the tax     for the taxable year in computing its alternative       tion in a loan) and financing leases and all other 
  year.  Check the formula allocation method         entire net income.                                      business receipts earned within New York City 
  boxes on Schedule F and Schedule G, Part I.                                                                during the period the taxpayer is entitled to allo-
  You may change your election to use the IBF        For Schedule G, Part 1, Line 7; Part 2, Line 5; and     cate by the total amount of the taxpayer’s receipts 
  formula allocation method by filing an amend-      Part 3, Line 7, if a factor is missing, add the         from loans (including the taxpayer’s portion of a 
  ed return for the tax year.  A corporation that    remaining factors and divide by the number of           participation in a loan) and financing leases and 
  uses the IBF formula allocation method must        factors present.  A factor is missing only if both      all other business receipts within and without 
  complete Schedule F, lines 1 through 18.           the numerator (column A) and the denominator            New York City during the period the taxpayer is 
                                                     (column B) are zero.                                    entitled to allocate. 
A taxpayer must modify federal taxable income                                                                 



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 Instructions for Form NYC-1 - 2022                                                                                                       Page 11

INTEREST INCOME FROM LOANS AND                        commitment fees and management fees, but does        investment asset is attributed to New York City if 
FINANCING LEASES                                      not include repayments of principal.  Other          the greater portion of income-producing activity 
Interest income from loans and financing leases is    income from loans and financing leases is allo-      related to the trading asset or investment asset 
allocated to New  York City if such income is         cated to New York City when the greater portion      occurred within New York City. 
attributable to a loan or financing lease which is    of income-producing activity relating to such         
located in New York City.  Interest income from a     income is within New York City.                      FEES OR CHARGES FROM LETTERS 
loan or financing lease does not include repay-                                                            OF CREDIT, TRAVELER’S CHECKS 
ments of principal.  A loan or financing lease is     LEASE TRANSACTIONS AND RENTS                         AND MONEY ORDERS 
located where the greater portion of income-pro-      Receipts from real property and tangible personal    Fees or charges from the issuance of letters of 
ducing activity relating to the loan or financing     property leased or rented from the corporation are   credit, traveler’s checks, and money orders are 
lease occurred. Except for a production credit asso-  allocated to New  York City if such property is      allocated to New York City if such letters of cred-
ciation and a corporation described on page 4 of      located in New York City.  Receipts from rentals     it, traveler’s checks, or money orders are issued 
these instructions under “Who Must File,” item D,     include all amounts received by the corporation for  within New York City. 
a loan or financing lease attributed by the taxpayer  the use of or occupation of property, whether or not  
to a branch without New York City shall be pre-       such property is owned by the taxpayer.  Gross       PERFORMANCE OF SERVICES 
sumed to be properly so attributed, provided that     receipts received from real property and tangible    Receipts from services performed by the taxpay-
such presumption may be rebutted if the               personal property which is subleased must be         er’s employees regularly connected with or 
Department of Finance demonstrates that the           included in the receipts factor.                     working out of a New York City office of the tax-
greater portion of income-producing activity relat-                                                        payer are allocated to New  York City if such 
ed to the loan or financing lease did not occur at    INTEREST FROM BANK, CREDIT, TRAV-                    services are performed within New York City. 
such branch.  In the case of a loan or financing      EL, ENTERTAINMENT & OTHER CARD                        
lease which is recorded on the books of a place of    RECEIVABLES                                          When allocating receipts from services per-
business without New York City which is not a         Interest, fees in the nature of interest, and penal- formed, it is immaterial where such receipts are 
branch, it shall be presumed that the greater portion ties in the nature of interest from bank, credit,    payable or where they are actually received. 
of income-producing activity related to such loan     travel, entertainment and other card receivables      
or financing lease occurred within New York City      are allocated to New  York City if the mailing       Where services are performed both within and 
if the taxpayer had a branch within New York City     address of the cardholder in the records of the tax- without New York City, the portion of the receipts 
at the time the loan or financing lease was made.   payer is in New York City.                             attributable to services performed within New York 
The taxpayer may rebut such presumption by                                                                 City is determined on the basis of the relative value 
demonstrating that the greater portion of income-     SERVICE CHARGES & FEES FROM                          of, or amount of time spent in performance of, such 
producing activity related to the loan or financing   BANK, CREDIT, TRAVEL, ENTERTAIN-                     services within New York City, or by some other 
lease did not occur within New York City.             MENT AND OTHER CARDS                                 reasonable method.  Full details must be submitted 
                                                      Service charges and fees from bank, credit, trav-    with the taxpayer’s return. 
In the case of a production credit association and    el, entertainment and other cards are allocated to    
a corporation described in “Who Must File,” item      New York City if the mailing address of the card-    Receipts from management, administration or 
D, a loan or financing lease attributed by the tax-   holder in the records of the taxpayer is in New      distribution services provided to a regulated 
payer to a bona fide office without New York City     York City.                                           investment company (RIC) must be allocated 
shall be presumed to be properly so attributed,                                                            based upon the percentage of the RIC’s share-
provided that such presumption may be rebutted if     RECEIPTS FROM MERCHANT                               holders domiciled in New  York City.  (Attach 
the Department of Finance demonstrates that the       DISCOUNTS                                            rider showing computation.)  See Ad. Code §11-
greater portion of income-producing activity relat-   Receipts from merchant discounts are allocated to    642(a)(2)(G) added by Ch. 63, Laws of 2000, 
ed to the loan or financing lease did not occur       New York City if the merchant is located within      Part AA, §7. 
without New York City.                                New York City.  In the case of a merchant with        
                                                      locations both within and without New York City,     ROYALTIES 
Income-producing activity includes such activities    only receipts from merchant discounts attributable   Receipts of royalties from the use of patents, 
as, solicitation, investigation, negotiation,         to sales made from locations within New York City    copyrights and trademarks are allocated to New 
approval and administration of the loan or financ-    are allocated to New York City.  It shall be pre-    York City if the taxpayer’s actual seat of man-
ing lease.  A loan or financing lease is made when    sumed that the location of the merchant is the       agement or control is located in New York City.  
such loan or financing lease is approved.   The       address of the merchant shown on the invoice sub-    Royalties include all amounts received by the 
term “loan” means any loan, whether the transac-      mitted by the merchant.                              taxpayer for the use of patents, copyrights or 
tion is represented by a promissory note, security,                                                        trademarks, whether or not such patents, copy-
acknowledgment of advance, due bill or any other      INCOME FROM TRADING ACTIVITIES                       rights or trademarks were issued to the taxpayer.  
form of credit transaction, if the related asset is   AND INVESTMENT  ACTIVITIES                           19RCNY§3-04(f)(8). 
                                                                                                            
properly recorded in the financial accounts of the    The portion of total net gains and other income      ALL OTHER BUSINESS RECEIPTS 
taxpayer.  Loans include the taxpayer’s portion of    from trading activities (including but not limited   Income from securities used to maintain reserves 
a participation in a loan.  The term “financing       to foreign exchange, options and financial           against deposits to meet federal and State reserve 
lease” means a lease where the taxpayer is not        futures) and investment activities which is attrib-  requirements shall be allocated to New York City 
treated as the owner of the property for purpose of   uted within New York City shall be ascertained       based upon the ratio that total deposits in New York 
computing alternative entire net income.              by multiplying such total net gains and other        City bear to total deposits everywhere.  All other 
                                                      income by a fraction the numerator of which is       business receipts earned by the taxpayer in New 
OTHER INCOME FROM LOANS                               the average value of trading assets and invest-      York City are allocated to New York City.  A receipt 
AND FINANCING LEASES                                  ment assets attributed to New York City and the      from the sale of a capital asset is not a business 
Other income from loans and financing leases          denominator of which is the average value of all     receipt and is not included in the receipts factor.   
includes, but is not limited to, arrangement fees,    trading and investment assets.  A trading asset or 



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 Instructions for Form NYC-1 - 2022                                                                                                             Page 12

DEPOSITS FACTOR                                           authorization to charge a bank’s balance in           a computation on a weekly basis will be permit-
The percentage of the taxpayer’s deposits allocat-        another bank), cashier’s checks, money                ted.  The Department of Finance will not permit 
ed to New York City is determined by dividing             orders, or other officer’s checks issued in the       the computation of average value of deposits on a 
the average value of deposits maintained at               usual course of business for any purpose, but         basis less frequent than weekly, unless the taxpay-
branches of the taxpayer within New York City             not including those issued in payment for             er demonstrates that requiring it to use a weekly 
during the period the taxpayer is entitled to allo-       services, dividends, or purchases or other            computation would produce an undue hardship. 
cate by the average value of all deposits main-           costs or expenses of the bank itself.                  
tained at branches of the taxpayer both within and                                                              ALLOCATION FOR CERTAIN BANKING 
without New York City during the period the tax-        The term “maintained” refers to the branch of the       CORPORATIONS 
payer is entitled to allocate.                          taxpayer at which a deposit is properly booked.         For tax years beginning after 2017, corporations 
                                                                                                                that are 65% or more owned subsidiaries of banks 
The term “deposit” means:                               A deposit, the value of which at all times during the   and bank holding companies that are subject to 
                                                        taxable year was less than $100,000, that is booked     tax under the Banking Corporation Tax as a result 
l the unpaid balance of money or its equivalent         by a taxpayer at a branch without New York City is      of the Administrative Code section 11-640(a)(9), 
  received or held by a bank in the usual course        presumed to be properly booked, provided that such      and that substantially provide management, 
  of business and for which it has given or is obli-    presumption may be rebutted if the Department of        administrative, or distribution services to an 
  gated to give credit, either conditionally or         Finance demonstrates that the greater portion of        investment company must make adjustments on 
  unconditionally, to a commercial, checking,           contact relating to the deposit did not occur at such   Schedule G as described below: 
  savings, time, or thrift account, or which is evi-    branch.  Where such presumption has been rebutted        
  denced by its certificate of deposit, thrift certifi- by the Department of Finance, the deposit shall be      Adjustments to Part 1 of Schedule G 
  cate, investment certificate, certificate of indebt-  presumed to be maintained within New York City if        
  edness, or other similar name, or a check or          the taxpayer had a branch within New York City at       l Certain banking corporations as described 
  draft drawn against a deposit account and certi-      the time the deposit was booked.  However, the tax-       above only complete lines 2a-2m 
  fied by the bank, or a letter of credit or a travel-  payer may rebut such presumption by demonstrat-         l Enter the amount on line 2m on line 7 and 
  er’s check on which the bank is primarily liable;     ing that the greater portion of contact relating to the   also on Schedule B next to line 31, and on 
  provided that, without limiting the generality of     deposit did occur at a branch outside New York City.      Schedule A, line 26. 
                                                                                                                 
  the term “money or its equivalent,” any such          A deposit, the value of which at any time during the 
                                                                                                                Adjustments to Part 3 of Schedule G 
  account or instrument must be regarded as evi-        taxable year was $100,000 or more, is considered to      
  dencing the receipt of the equivalent of money        be properly booked at the branch with which it has      l Certain banking corporations as described 
  when credited or issued in exchange for checks        a greater portion of contact.                             above only complete lines 2a-2m 
  or drafts or for a promissory note upon which          
  the person obtaining any such credit or instru-       In determining whether a deposit has a greater          l Enter the amount on line 2m on line 7, and 
  ment is primarily or secondarily liable, or for a     portion of contact with a particular branch, con-         on Schedule D next to line 4. 
                                                                                                                 
  charge against a deposit account, or in settle-        sideration is given to such activities as:             ALLOCATION PERCENTAGE FOR 
  ment of checks, drafts or other instruments for-      l whether the deposit account was opened at             TAXPAYERS WITH AN IBF LOCATED 
  warded to such bank for collection;                     or transferred to that branch by or at the            IN NEW YORK STATE 
                                                          direction of the depositor or by a broker of          A corporation with an IBF located in New York 
l trust funds received or held by such bank,              deposits, regardless of where subsequent              State which has not elected the IBF allocation 
  whether held in the trust department or held or         deposits or withdrawals may be made;                  method must, when computing its entire net 
  deposited in any other department of such bank; 
                                                        l whether employees regularly connected with            income allocation percentage and its alternative 
l money received or held by a bank, or the                that branch are primarily responsible for             entire net income allocation percentage: 
  credit given for money or its equivalent                servicing the depositor’s general banking              
                                                                                                                l exclude from the numerator and denomina-
  received or held by a bank, in the usual                and other financial needs;                              tor of the payroll factor the wages, salaries, 
  course of business for a special or specific 
                                                        l
  purpose, regardless of the legal relationship           whether the deposit was solicited by an                 and other personal service compensation of 
  thereby established, including, without                 employee regularly connected with that                  employees of the IBF 
  being limited to, escrow funds, funds held              branch, regardless of where such deposit               
  as security for an obligation due to the bank           was actually solicited;                               l exclude from the numerator and denomina-
  or others (including funds held as dealers’           l whether the terms governing the deposit                 tor of the receipts factor those receipts which 
  reserves) or for securities loaned by the               were negotiated by employees regularly                  are attributable to the production of eligible 
  bank, funds deposited by a debtor to meet               connected with that branch, regardless of               gross income of the IBF  
                                                                                                                 
  maturing obligations, funds deposited as                where the negotiations were actually con-             l exclude from the numerator and denomina-
  advance payment on subscriptions to United              ducted; and                                             tor of the deposits factor those deposits 
  States Government securities, funds held for          l whether essential records relating to the               whose expenses are attributable to the pro-
  distribution or purchase of securities, funds           deposit are kept at that branch and whether             duction of eligible gross income of the IBF 
  held to meet its acceptances or letters of              the deposit is serviced at that branch.                
  credit, and withheld taxes; provided that                                                                     A corporation which has an IBF located in New 
  there shall not be included funds which are           The value of deposits maintained at branches of         York State and which has made the IBF alloca-
  received by the bank for immediate applica-           the taxpayer is the total of the amounts credited to    tion method election must, when computing the 
  tion to the reduction of an indebtedness to           depositors, including the amount of any interest so     entire net income allocation percentage and the 
  the receiving bank, or under condition that           credited. The average value of deposits is to be        alternative entire net income allocation percent-
  the receipt thereof immediately reduces or            computed on a daily basis. However, if the tax-         age make the following adjustments: 
  extinguishes such an indebtedness; and                payer’s usual accounting practices do not permit         
                                                        the computation of average value on a daily basis,      l To properly reflect the allocation percentage for 
l outstanding drafts (including advice or 



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 Instructions for Form NYC-1 - 2022                  Page 13

  the receipts and deposits factors, corporations 
  must include gross receipts generated from IBF 
  assets placed with offshore facilities in the 
  numerator (deemed New York City receipts) 
  and include in the numerator for deposits liabil-
  ities placed with an IBF by the offshore facili-
  ties (deemed New York City deposits).  See 
  Update on Audit Issues - IBF June 2006. 
 
l Exclude from the numerator of the payroll 
  factor the wages, salaries and other personal 
  service compensation of employees, the 
  expenses of which are attributable to the pro-
  duction of eligible gross income of the IBF.  
  Include in the denominator of the payroll 
  factor the wages, salaries and other personal 
  service compensation of employees, except 
  general executive officers, the expenses of 
  which are attributable to the production of 
  eligible gross income of the IBF. 
 
l Exclude from the numerator but include in 
  the denominator of the receipts factor those 
  receipts which are attributable to the produc-
  tion of eligible gross income of the IBF. 
 
l Exclude from the numerator but include in 
  the denominator of the deposits factor 
  deposits, the expenses of which are attribut-
  able to the production of eligible gross 
  income of the IBF. 
 
Every corporation which has an IBF located in 
New York State must compute its taxable assets 
allocation percentage as follows: 
 
l Include in the numerator and denominator of 
  the payroll factor wages, salaries and per-
  sonal service compensation of employees, 
  except general executive officers, the 
  expenses of which are attributable to the pro-
  duction of eligible gross income of the IBF. 
 
l Include in the numerator and denominator of 
  the receipts factor receipts which are attrib-
  utable to the production of eligible gross 
  income of the IBF. 
 
l Include in the numerator and denominator of 
  the deposits factor deposits, the expenses of 
  which are attributable to the production of 
  eligible gross income of the IBF. 
 
For the purpose of these adjustments, eligible gross 
income does not include transactions between the 
taxpayer’s foreign branches and its IBF. 
 
COMPOSITION OF PREPAYMENTS 
Do not include any UBT Paid Credit carryover 
from a preceding year.

                                                     NYC-1 Instructions 2022 






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